FEATURE ARTICLE
Finding the Missing Link of Toxic Torts: Using ‘Cottle’ Orders to Determine Causation by Gene Tanaka, Best Best 67
LAND USE NEWS
California Environmental Quality Act Amendments Signed Into Law, Effective Immediately72
REGULATORY DEVELOPMENTS
U.S. Bureau of Land Management Approves Large-Scale Solar Power Project in Riverside County74
LAWSUITS FILED OR PENDING
Federal Judge Orders Review of Polar Bear’s Threatened Status under Endangered Species Act75
State Court Judge Orders California Fish and Game Commission to Consider Listing American Pika as Endangered76
RECENT FEDERAL DECISIONS
Circuit Court of Appeals:
Ninth Circuit Upholds U.S. Forest Service’s Post-Wildfire Logging Activity in Plumas National Forest78
Earth Island Institute v. Carlton, ___F.3d___, Case No. 09-16914 (9th Cir. Nov. 8, 2010).
Ninth Circuit Holds Attorney’s Fees under Equal Access to Justice Act Are Not Available for Claims in a Grazing Permit Renewal Proceeding80
Western Watersheds Project v. Interior Board of Land Appeals, ___F.3d___, Case No. 09-35708 (9th Cir. Oct. 12, 2010).
RECENT CALIFORNIA DECISIONS
District Court of Appeal:
Second District Finds Tenant May Recover Excess Rent Payments though Property Was Not Properly Permitted under City’s Rent Stabilization Ordin-
ance82
Carter v. Cohen, 188 Cal.App.4th 1038 (2nd Dist. 2010).
First District Distinguishes Key Property Tax Case—Finds Plaintiff Who Is Not Required to Pay a Payroll Tax Lacks Standing to Challenge that Tax84
Chiatello v. City and County of San Francisco, ___Cal.App.4th___, Case No. A126234 (1st Dist. Oct. 21, 2010).
First District Holds County’s Assumptions Underlying Adoption of Urban Water Management Plan Were Based on Substantial Evidence85
Sonoma County Water Coalition v. Sonoma County Water Agency, ___Cal.App.4th___, Case No. A124556 (1st Dist. Oct. 8, 2010).
After Rehearing, First District Reaffirms its Holding that Exhaustion Requirement Does Not Preclude Challenge to CEQA Exemption Determination88
Tomlinson v. County of Alameda, 188 Cal.App.4th 1406 (1st Dist. 2010).
LEGISLATIVE UPDATE
2010 Year End Legislative Summary90
